THE VETERINARY LAW IN BOSNIA AND HERZEGOVINA. Sarajevo, June 2002

Transcription

1 Ministry of Foreign Trade and Economic Relations Sarajevo THE VETERINARY LAW IN BOSNIA AND HERZEGOVINA Sarajevo, June GENERAL PROVISIONS Article 1 Subject This Law lays down public and social activities, defined through norms & rules, that the State services, Services of Republika Srpska and Federation of Bosnia and Herzegovina and Brčko District shall plan, implement, monitor, control, update through this Law and secondary legislative acts for dealing with animal infectious diseases, veterinary prevention, the minimum standards of animal health protection, fees and expenditures for animal health protection, veterinary activities and publishing thereof, public authorisations of the Veterinary Chamber, issuing of concessions, professional training in the veterinary sector, registers, databases and information technology systems, the competence of governmental departments, inspection control as well as the rights and obligations of legal and natural persons under this Law. Article 2 Purpose of veterinary practice 1. The purpose of veterinary practice shall be to: a) protect and improve animal health; b) protect animal health against infectious and other diseases; c) detect, diagnose diseases and treat diseased animals; d) implement an animal identification and animal movement control system (AIMCS); e) provide for public health protection against zoonoses, alimentary infections and intoxications by the prevention and suppression of these diseases and by avoiding the transmission of these diseases from animals to man; f) ensure the health suitability of raw materials and foodstuffs of animal origin, to provide for health suitability of foodstuffs of animal origin and for the prevention of residues of harmful substances in foodstuffs of animal origin; g) ensure the health suitability of food and to provide for health suitability of animal feed; h) ensure the health suitability of water supplies for animal watering; 1

2 i) ensure the reproductive capacity and productivity of animals in the light of animal health protection; j) provide for environmental protection measures against pollution through disease agents that are present in animals, and for hygienic conditions and environmental suitability from the point of view of animal health; k) carrying out of measures for disinfection, prevention of insects and rodents; l) protect animals against cruelty and suffering, and to provide for animal welfare; m) provide for the veterinary training, promotion of awareness and notification of the public; 2. The Competent Authorities for carrying out of the purpose of this Law in Bosnia and Herzegovina are: a) The State Veterinary Office (hereinafter: Office), Ministry of Foreign Trade and Economic Relations (hereinafter: Ministry), The Council of Ministers of Bosnia and Herzegovina (hereinafter: The Council of Ministers); b) The Competent Authorities of Entities; c) The Competent Authority of Brčko District of Bosnia and Herzegovina (hereinafter: Brčko District). d) A National Veterinary Council (NVC) composed by the representatives of Entity Veterinary Services, Brcko District, National Veterinary Institute, Veterinary Faculty, Veterinary Breeding Centre and the Veterinary Chamber shall contribute to the work of the Office and collaborate with the Office in solving and making national programmes and decisions, on the occasion of an emergency menacing the entire country and shall have the obligation and responsibility to implement in their territory all national programmes, harmonizing their activity and actions in the respect with this Law and Regulations laid down under its bases, within the frame of their veterinary and administrative organisations. Article 3 Definition of terms Single expressions/terms in this Law, unless the content otherwise requires mean: 1. amateur rearing means, the periodical rearing or reproduction of pet animals, where rearing means an activity of animal reproduction that emphasises the aspects of quantity, whilst reproduction means a planned animal reproduction activity and care of animals in order to produce special quality characteristics in the progeny; 2. animals means, animals for rearing, production and slaughtering, and domestic animals, wild game, farmed game, aquaculture, free-living water animals, animals for experimentation, animals from zoological gardens and other animals; 2

3 3. animal means, a) any kind of four footed beast which is not a mammal; b) any kind of mammal except man; c) fish, reptiles and crustaceans; c) other cold blooded creatures of any species; and honey bees.4. animal by-products (hereinafter referred to as by-products) are animal carcasses and the parts of animal bodies that are not designated or fit for human consumption and the hygienically unfit food products and food of animal origin. 5 animal dealer (hereinafter referred to as: dealer) means, a legal or natural person, whose activity includes the purchase or sale of animals, with the exception of animals under paragraph 6 of Article 8, and who meets the prescribed conditions; 6. animals for production means, animals intended for production of milk, meat, eggs, honey; 7. animal identification means, ear tagging, branding, including other identification systems as well (electronic) which are supposed to stay permanently on the animal and identify, its breed, a holding or a herd to which it belongs but without compromising its welfare; 8. animal identification and movement control scheme (hereinafter referred to as: AIMCS) means, procedures to improve and to implement the veterinary control systems regarding the identification, movement and traceability of animals; 9. animal movement means, the variation, increasing or decreasing of the number of animals in a holding, herd consequent to their entry or exit for any reason, including the grazing, trade, slaughtering, participation in exhibitions or fairs, export and, for the domestic equine, also the participation in sport races; also considered as a movement the birth or the death of an animal in a holding/herd;10. animals for rearing means, the animals that are bred or reared for the manufacture of foodstuffs or the production of wool, skins/hides, fur, or for other economic purposes; 11. animals for slaughter means, the animals, whose carcasses are intended for human consumption, including aquaculture animals and farmed game; 12. animals for foodstuff production means, animals for slaughter, animals for production, wild game and free-living aquatic animals; 13. artificial insemination means, the non-sexual deposition of semen into the uterus; 14. authorised laboratory means, a laboratory that is meeting the conditions prescribed by the SVO and is authorised for the carrying out of its activity by the EVA, which is responsible for the laboratory s work; 15. authorised veterinarian means, a veterinarian, who has been authorised for carrying out certain relevant activities by the SVO, EVA or Brčko District; 16. aquaculture designates, fish, crabs, shells and molluscs that are reared or kept in controlled conditions in fish farms, including those from the wild intended for rearing; 3

4 17. border inspection post means, a place for control of animals and products of animal origin while carrying out of import, export or transit, as to be prescribed by the SVO and implemented/executed by authorised veterinarians (to be identified by the SVO); 18. collection centre means, a registered establishment, where animals from different rearing establishments are assembled and collected in consignments intended for internal and external trade; 19. endangered area means, an area, whereto a disease from the infected area may be transmitted and where a possibility exists for the propagation of infection; 20. epizootic or epidemic of infectious disease means, a number of outbreaks of an infectious disease which, in view of the frequency of cases, the time, place and animal species or the public affected, has exceeded the expected number of cases; 21. establishment means/comprises, the facilities and premises, where foodstuffs, animal products, raw materials and waste are processed or treated; 22. experimental animals means, any live vertebrate animal, with the exception of man, and freeliving larval forms, with the exception of foetal and embryonic forms, that are used for experimental and other scientific purposes; 23. farmed game means, wild land mammals, reptiles and wild birds that are reared and slaughtered as domestic animals; 24. farm-register means, a register in which owners (holders) and breeders of animals register all data related to the animals and animal movements; 25. feeding stuff means, different products of plant and animal origin in the original, natural state, fresh or preserved, by-products of biosynthesis, products of industrial processing, and organic and inorganic substances that are directly or after processing intended for animal feeding; 26. foodstuff is placed on the market, when the official veterinarian or authorised veterinarian has by a veterinary check established that there exist no hindrances for the placing on the market or approves of the loading and transport from a registered establishment; 27. food of animal origin means, anything that is used by man for nutritive purposes in the unprocessed, treated or processed form (such as: composite parts of an animal carcass, foodstuffs of animal origin and products of animal origin) requiring a veterinary certificate; 28. foodstuffs of animal origin (hereinafter: foodstuff) means, anything that is used by man for nutritive purposes in the unprocessed, treated or processed form (such as: composite parts of an animal carcass, foodstuffs of animal origin and animal products), requiring a veterinary certificate; 29. foodstuff production means, getting, preparing, processing, finalising, packing into containers, repacking into containers and packing of foodstuff, which is carrying out within the registered production facilities; 30. foodstuffs or animal feed means, different products of plant and animal origin in the original, natural state, fresh or preserved, by-products of biosynthesis, products of industrial processing, and organic and inorganic substances that are directly or after processing intended for animal feeding; 4

5 31. free-living aquatic animals means, live fish, crabs, shellfish and other water animals governed by fishery regulations, the meat and tissues whereof are used for human consumption, and which are caught in their natural environment for human consumption; 32. free aquatic animals means, live fish, crabs, shellfish and other water animals governed by fishery regulations, the meat and tissues whereof are used for human consumption, and which are caught in their natural environment for human consumption; 33. holders of animals means, any natural or legal persons that are owners of animals or involved in the breeding, keeping, use, rearing, husbandry, training, transportation or sale of animals; 34. holding means, any establishment, building or place or, in the case of an open-air farm or village, any place in which animals are held, kept or handled; 35. identification means, the placing of eartags or the application of an electronic TRANSPONDERS to identify permanently and according to species any animal belonging to a person, to a farm or to a village; 36. import means, any introduction of consignments, animals, foodstuffs, raw materials, animal products, medicines and medical devices, animal feed and waste of animal origin through the border crossing of Bosnia and Herzegovina, with the exception of goods which are introduced for transit, 37. infected area means, an area, where one or more sources of infection have been established and where there exists the possibility of propagation of infection; 38. infectious animal diseases means, the diseases that have been identified in the International Zoo sanitary Code of the Office International des Epizooties (OIE) and other diseases over which the prescribed measures are being applied; 39. keeper means, any natural or legal person having the responsibility, even if temporary, for the animals, including during the transportation, in a market or in a slaughterhouse; 40. medicines to be used in veterinary medicine (hereinafter: medicines) means, any substance or combination of substances, prepared and intended for the treatment or prevention of diseases in animals. A medicine is also considered to be any substance or combination of substances that may be used on animals in order to determine a diagnosis or to re-establish, improve or change the physiological functions; 41. national or professional examination means, an examination to be passed within the Entity Veterinary Services by the doctors of veterinary medicine or graduated veterinarians in Bosnia and Herzegovina, after graduating from the university study of veterinary medicine; 42. notifiable diseases means, diseases from A, B and C (other diseases) list of OIE s International Zoo-sanitary Code, including diseases determined by Competent Authorities. 43. official veterinarian means, a veterinarian employed by the Office, Entity Veterinary Service or Brcko District. 5

6 44. Operating Agency means, technical agency which has to implement modalities and functioning of the AIMCS in the whole territory of Bosnia and Herzegovina and has the role of supervision and coordination of technical activities of the Regional Data Entry Offices; 45. particularly dangerous infectious diseases means, infectious diseases from the List A of the OIE,International Zoo-sanitary code, and those identified by the Office, Entity Veterinary Services or Brčko District; 46. pet animals means, dogs, domestic cats, domestic birds, small rodents, terrarium animals, aquarium animals and other animals that are bred or reared by man for company, recreation, protection or help; 47. pet animals breeding means, a temporary rearing or breeding of pet animals, where rearing means an activity of animal reproduction that emphasises the aspects of quantity, whilst breeding means a planned animal reproduction activity and care of animals in order to produce special quality characteristics in the progeny; 48. place of origin means, a place, facility i.e. establishment, wherein a veterinary check has been carried out and, thereupon, a veterinary certificate i.e. attestation issued; 49. premises means, land with or without buildings; 50. production animals are intended for getting the meat, eggs and honey; 51. products of animal origin (hereinafter referred to as: products) means, all the products obtained from livestock, wild game and free-living water animals, hatching eggs and animal semen, ova and embryos and all the products originating whether in whole or in part from a living or dead animal including the carcass of an animal and honey; 52. pure-bred breeding animals means, female and male animals intended for reproduction; 53. raw materials of animal origin (hereinafter referred to as: raw materials) means, animal carcasses and all the composite parts of an animal carcass in the unprocessed state, with the exception of foodstuffs; 54. rearing of pure-bred breeding animals means, the rearing of pure-bred breeding animals, the donors of ova and embryos, the establishments for breeding of pure-bred breeding animals, insemination centres, poultry pure-bred flocks, pure-bred fish, honeybee queen mating stations and honeybee queen breeding stations; 55. regional database means, technical offices operating at regional level for AIMCS purposes. 56. residues of harmful substances means, the residues of substances with pharmacological activity, residues of environmental pollutants, and other substances and their metabolites, which may enter foodstuffs and endanger public health; 57. sewage means, waste waters that are produced in the establishments for the rearing of animals, slaughterhouses and other facilities for the treatment, processing and collection of raw materials, foodstuffs and waste, and which require a special technology for draining and purification; 6

7 58. slaughterhouse means, any premises used for slaughtering animals for further sale and use in human consumption; 59. stable means, the facilities and premises required for animal breeding; 60. stable with unverified or suspicious epizootiological conditions means, a stable, where the prescribed examinations of animals have not been carried out, or a stable of a holder of animals, who is involved in the prohibited and unsupervised trade in animals and animal products; 61. trade in animals, products, raw materials and waste of animal origin means, the import, export, sale or any transfer of goods to a third person; 62. trade in foodstuffs means, the trade between registered establishments, including storage and transport, trade relevant to the import and export, wholesale storage of foodstuffs, trade in fresh unwrapped meat, fish and other aquatic organisms, and direct sale to the end consumer, from a registered establishment; 62. transit means, any transfer of consignments, animals, foodstuffs, raw materials, products, medicines and medical devices, animal feed and waste through the border crossing of Bosnia and Herzegovina, to/from another country; 63. urgent veterinary first aid means, an intervention to avert a direct danger to the life of animals; 64. veterinarian means, a doctor of veterinary medicine or graduated veterinary surgeon having a veterinary licence; 65. veterinary inspection and control means, the inspection and control of animals, raw materials, products, foodstuffs, animal feed and waste in order to protect public health and animal health against infectious animal diseases, and to prevent trade in raw materials, products, foodstuffs and animal feed not suitable in health terms, as well as the supervision of facilities or goods that may be source of infectious animal diseases; 66. veterinary expert is a veterinarian, a member of the Veterinary Chamber, who has on the basis of a decision been authorised by the Office, Entity Veterinary Service or Brcko District for the carrying out of counselling and giving of opinions and for the performing of top-level professional work in the relevant fields of veterinary activity; 67. veterinary licence means, a licence for the carrying out of the veterinary activity; 68. veterinary organisations means, a veterinary station, veterinary nursing station, veterinary hospital, and a veterinary clinic; 69. veterinary service means, an intervention carried out by a veterinarian inside or outside a nursing station to provide for the health of an animal, for disease prevention or breeding reasons, for a veterinary inspection or control, as well as for the interventions for reproduction or other purposes, with the exception of activities carried out within the minimum scope of animal health protection under the part IV; 7

8 70. veterinary service in the Armed Forces means, an independent professional service, established within the Entity Armed Forces, which carry out certain veterinary activities under this Law for the needs of the Entity Armed Forces; 71. veterinary technician is a natural person, who carries out certain veterinary tasks under the supervision of a veterinarian; 72. waste of animal origin (hereinafter referred to as: waste) means, animal carcases and carcase parts that are not intended for or that are unfit for human consumption, and foodstuffs and animal products that are not suitable in health terms; 73. wild game means, wild animals that are governed by the wild game and hunting regulations and the meat whereof is intended for human consumption; unlike animals for production, they are not slaughtered but hunted in compliance with hunting regulations. Wild mammals and wild birds living within an enclosed area under conditions of freedom similar to those enjoyed by wild game are also regarded as wild game and hunted in compliance with hunting regulations; 74. zoo animals means, free-living animals that are exposed to the public in permanent facilities for at least seven days in a year, with the exception of circuses and pet animal stores; Article 4 Rights and obligations of holders and keepers of animals 1. Holders and keepers of animals have a responsibility for the health care for animals and their welfare and shall keep an up to date farm-register. 2. Any person has an obligation to safeguard the health of animals, and the health of man, against diseases and infections transmissible between animals and people, and against the consequences of residues of harmful substances in foodstuffs of animal origin. 3. A veterinarian has an obligation to render urgent veterinary first aid. 4. Natural and legal persons are not allowed to obstruct veterinary inspection and control, and must help during the veterinary inspection and control and while taking of information and material required for veterinary inspection, and the carrying out of other prescribed measures. 5. Natural and legal persons must immediately, without delay, inform the nearest veterinary organisation or official veterinarian i.e. Entity veterinary service or Brčko District, when they have established that animal health, or public health as a result thereof, has been endangered, and within the appointed time, free of charge, furnish the data on animal health or sanitary suitability of foodstuffs, products, animal feed, medicines and waste, as well as the data on the implementation of measures, and have these data available for verification. While waiting for the official veterinarian or organisation to perform the investigation, legal and natural persons are not allowed to put into traffic, for any reasons, animals and respective products, and if possible, they have to withdraw those already 8

9 put into traffic if there is a doubt that those animals and products constitute a threat or if there is a suspicion they are a risk. After the completed veterinary intervention they shall submit all information regarding the destination of animals and products. 6. Natural and legal persons, that hold or work with animals, products of animal origin or raw materials of animal origin, must keep the prescribed records which are also established by secondary legislation. 7. Holders of animals are entitled to a free choice of a veterinarian, except in matters under third paragraph of Article 10 and in matters under Article 16 and 17 of this Law. A holder of an animal may request to be informed on the method of investigation selected, the cost of the veterinary service and the possible consequences. 8. A unique and detailed substance, form and method of keeping the records under the sixth paragraph of this Article are prescribed by the Council of Ministers of Bosnia and Herzegovina (hereinafter: Council) on the proposal of Office. Article 5 (International obligations) 1. The international obligations in relation to the prevention and suppression of infectious animal diseases in the international trade in animals, products, raw materials, foodstuffs and waste of animal origin, and objects which may transmit infectious diseases, are laid down by this law, the international conventions and other international agreements. 2. The Office determines a unique mode for technical application of measures from international acts under the Article 1 that must be carried out in BiH. II INFECTIOUS ANIMAL DISEASES Article 6 (Infectious animal diseases and zoonoses) 1. Infectious animal diseases, because of the common and special preventive measures, and other measures which are carried out under this Law, are in view of the type of infection and the measures required for their prevention and suppression, classified into Group A, B and C, in compliance with the international zoo sanitary code and the epizootiological characteristics. 2. Group A includes highly infectious diseases. The spread of these diseases between breeding establishments is avoided by the appropriate veterinary measures. These diseases may cause major economic damage and endanger the existence of an animal species. The methods for prevention of the spread and eradication of disease are known and can be implemented. 9

10 3. In principle, Group B includes less infectious diseases. The spread of these diseases between breeding establishments is avoided by the appropriate veterinary measures. These diseases may cause major economic damage, which may be alleviated by the appropriate veterinary measures. The methods for prevention of outbreaks of these diseases are known and can be implemented. 4. In principle, Group C (other diseases) includes the least infectious diseases. The spread of these diseases between breeding establishments is avoided by the appropriate veterinary measures. These diseases may cause minor economic damage, which may be alleviated by the appropriate veterinary measures. The methods for prevention of outbreaks of these diseases are known and can be implemented. 5. Zoonoses are diseases or infections, which are transmissible from vertebrate animals to man, and vice versa. 6. A detailed classification of diseases and conditions for the determination of status as regards the state of health under this Article, the method of notification, reporting and measures to be taken shall be laid down by the Office in cooperation with the Entity veterinary services. 7. The lists of mentioned diseases are placed in Attachment 1, which is the component part of this Law. Article 7 Prevention of infectious animal diseases 1. Persons that carry out a registered breeding or production activity coming into direct contact with animals, foodstuffs, raw materials, products of animal origin or waste, shall have a fundamental knowledge of infectious animal diseases, the prevention thereof, communicability to man, and on regulations governing the protection against infectious animal diseases. 2. The persons under the preceding paragraph gain a thorough knowledge of infectious animal diseases and relevant regulations at courses, the programme and implementers whereof are approved by the Entity veterinary services, on the basis of the minimum national program laid down by the Office. Article 8 Registration, control and notification applicable to establishments, stables, hauliers, collection centres, dealers and animals 1. Veterinary inspection and control includes animals, raw materials, products, foodstuffs in production and trade under this Law, animal feed, water for watering animals and animal waste, and 10

11 establishments, stables, collection centres, hauliers, dealers and the means, installations and equipment for their rearing, harvesting, production, treatment, after-treatment, processing, transport and storage. 2. Establishments, stables and hauliers, and collection centres and dealers that are under veterinary control and supervision must be registered with the Entity veterinary services, if they meet the prescribed conditions relative to premises, staff and equipment. 3. More detailed conditions and the registration procedure are laid down by the Council of Ministers on the proposal of the Office, and carried out by Entity veterinary services and Brcko District who Brčko District shall verify the modalities of veterinary checks and supervision and outputs. 4. The veterinary control and supervision also includes animals at fairs, markets, stores and other sales and assembly premises, at exhibitions, sports events, wild animal pens, public collection centres and other public places, where animals are assembled. 5. All legal and natural persons involved in the rearing, safeguarding, sale, transport and trade in animals, in the manufacture, processing, storage, trade in products, raw materials, foodstuffs, waste and animal feed, must within seven days make notification of the animals, establishments and equipment, and any changes in this respect, to the nearest veterinary organisation that keeps the register of establishments and animals and reports thereon to the Entity veterinary authorities, which reports to the Office. 6. A holder of a dog must within seven days notify thereof the veterinary organisation that keeps a register of dogs, also if a dog dies, is abandoned, or has gone astray, and of any other changes in this respect. The purchase of a puppy must be notified at the latest, when the dog is 4 months old. 7. The provisions under paragraph 4 do not apply to amateur rearing or the possession of individual pet animal species (up to five adult animals), nor do they apply to amateur rearing of other domestic birds, aquarium fishes, ornamental poultry and small rodents. 8. The decision under the second paragraph of this Article is evidence that conditions required to carry out the activity have been met, and it is the basis for an entry in the trade register. Article 9 Compulsory, general preventive measures to be carried out by holders/keepers of animals 1. The compulsory, general preventive measures for the protection of animals against infectious diseases that must be carried out by the holders/keepers of animals and other legal and natural persons, include: a) provision of hygienically suitable potable water, for watering, and suitable animal feed; b) provision and maintenance of the prescribed hygienic conditions in establishments for animal rearing, and in other premises and of equipment, where animals are kept; 11

12 c) ensuring of hygiene at births and milking;)ensuring of veterinary control in public places, where animals are assembled, in the means of transport for the conveyance of animals, products, raw materials, foodstuffs, animal waste and animal feed, in pens and on pastures and in facilities for the collection and slaughter of animals, and for the collection, treatment, processing and storage of raw materials, products, foodstuffs, animal waste and animal feed; e) ensuring of the health suitability of feeding stuffs and the veterinary conditions for their manufacture and marketing; f) prevention of introduction of agents of infectious diseases into rearing establishments; g)carrying out of veterinary measures using the technology of intensive animal production; h) handling of animal remains and other waste, waste waters, animal excrement and urine as prescribed; i) provision of preventive disinfection, prevention of insects and rodents in the establishments, public areas and means of transportation; j) other common measures laid down under this Law. k) recording of all information/data about the animals and their movements in the farm-register. Article 10 Special preventive measures to be carried out by veterinary organisations 1. The control and prevention of notifiable diseases shall be based on Disease Contingency Plans for the BiH drawn up by the Office together with the Entity veterinary service. 2. For the early detection and prevention of infectious animal diseases, one or several of the following special preventive measures may be instituted, depending on the nature of disease and the potential hazards involved: a) targeted veterinary training of holders of animals and other persons; b) compulsory notification to the nearest veterinary authorities on the suspicion that disease exists; c) imposition of movement restrictions on persons, animals and any other material which may spread infection and prohibition on the movement of vehicles; d) imposition of restrictions on farms, holdings, public markets, sale yards, show grounds, slaughterhouses and any other premises; e) identification of animals and carrying out the enumeration of animals; f) imposition of infected and controlled area restrictions; g) restrictions on the use of artificial insemination and embryo transfer; h) diagnosis at an officially approved laboratory and confirmation if necessary at an international reference laboratory authorised for that purpose by the EU or the World Health Organization; 12

13 i) cleansing and disinfection of equipment, premises, personnel and vehicles with an approved disinfectant; j) disinfection, destruction of insects and rodents; k) slaughter and destruction of all infected, or in contact with other animals exposed to infection; l) prophylactic vaccination or protection through the use of veterinary medicines; lj) harmless disposal of animal remains, products of animal origin, animal feed and waste. m) harmless disposal or hygienic treatment of effluent and excrement from registered establishments n) the examination of hides and skins for anthrax. nj) special measures to deal with the sources and reservoirs of infection, and suppression of vectors of infectious diseases; o) other special preventive measures, laid down by this Law 3. Waste food shall be treated according to criteria prescribed by the Council of Ministers on the proposal of the Office before it is fed to animals, or the feeding of waste food shall be banned; 4. Authorised veterinary officers or veterinary technicians shall have the authority to:a) enter any premises and stop and inspect vehicles if the existence of an infection is suspected or if they have been exposed to the infection; b) restrain, inspect, examine, take samples from animals that are under suspicion of being infected with a notifiable disease; and c) slaughter and dispose of any animal affected by or suspected to be infected with a notifiable disease; 5. The Office orders and organises the implementation of all control programmes to limit or eradicate a notifiable diseases; 6. For the implementation of measures under the paragraph 5, the Office and Entity Veterinary Services together shall adopt unique and long-term animal health programmes that lay down the deadlines for the fulfilment of programmes, the organisations to implement them, and the method of financing. 7. At the end of each year, the Office and Entity veterinary services together lay down, for the following year, the types of preventive vaccination and diagnostic and other investigations to be carried out in B&H in order to ensure satisfactory epizootiological conditions and to meet the trade requirements, there are to be laid down also deadlines and methods of reporting on the measures taken, as well as other organisations having the right to perform them according to the provisions under this Law. Article 11 Compulsory special preventive measures against zoonoses and toxic agents 13

14 The compulsory special preventive measures to be taken for the protection of the population against zoonoses and toxic agents shall include: a) systematic detection, prevention and suppression of zoonoses in animals; b) carrying out of preventive measures to safeguard veterinarians, veterinary technicians, holders of animals, keepers of animals and other people, who may come into direct or indirect contact with infected animals, foodstuffs, products, raw materials or waste; c) implementation of safe and hygienic practices during slaughtering of animals in registered establishments according to the standards prescribed for that particular type of the slaughterhouse; d) ensuring the health suitability of foodstuffs and prevention of illicit trade in infected animals and hygienically unsuitable foodstuffs, products, raw materials and waste that may infect the population, by veterinary examination and inspection control, as well as the supervision of animals, foodstuffs, products of animal origin, raw materials and waste; e) prevention of contamination of raw materials, products and foodstuffs in food production and other establishments; f) to prevent environmental pollution from slaughtering activity, with waste chemicals, radioactive materials or other substances harmful to man; 2. In order to implement measures under the preceding paragraph, short-term and long-term programmes for public health protection against zoonoses, shall be adopted including the deadlines for the implementation thereof, and methods of financing. 3. The programme on public health protection against zoonoses shall be laid down by Entities Veterinary Services and carried out by the Veterinary Services and Brčko District and Public Health Service. An exchange of information on all relevant findings referring to the surveillance of zoonotic diseases is compulsory. Article 12 Outbreak of infectious disease or suspected infectious disease 1. In case of an outbreak of an infectious disease or when signs of disease have been established, constituting a reasonable possibility that an animal has taken ill with or died of an infectious disease, the holder of the animal in question must immediately and in the prescribed way notify thereof the nearest veterinary organisation and authorised body at entity level. 2. The holder of the animal must secure the place and prevent the access of other persons and animals to the affected animal, herd, flock, apiary or dead animal s remains, until a veterinarian arrives. 3. A detailed method of notification by the holders of animals shall be laid down by the Council of Ministers on the proposal of the Office. 14

15 Article 13 Establishing the presence of an infectious disease 1. A veterinarian, who suspects the presence of an infectious animal disease, must by written instructions lay down the prescribed veterinary measures and in the prescribed way, notify thereof the competent services and, in the prescribed way, take all necessary actions to confirm or disprove the suspicion of the infectious animal disease in question, or to establish the cause of death of animal concerned. 2. The veterinarian, who sends the materials under the preceding paragraph for investigation, and the organisation that is carrying out diagnostic investigations, must provide for a method of transportation of the relevant materials that prevents the possibility of the spread of infectious disease or deterioration of materials. 3. The organisations dealing with the public transportation or delivery of materials under preceding paragraph must provide for the delivery to an authorized laboratory. 4. A detailed method of transportation of materials, the measures taken by the veterinarian, and the method of establishing infectious animal diseases shall be laid down by the Council of Ministers on the proposal of the Office. Article 14 Notification of infectious animal diseases 1. On the basis of notification of an infectious disease or suspected infectious disease, the official veterinarian shall carry out an epizootiological investigation. 2. When a zoonosis is suspected or established, the official veterinarian shall notify thereof the competent health service. 3. In the prescribed cases, Brčko District Veterinary Services and Brčko District shall notify an outbreak and hazard of infectious animal disease to all members of the canton/municipality, health services, livestock-breeding service, competent authority for protection and rescue, information service centre, competent authority for environment protection and all interested holders of animals, and inform them of the most important measures that shall be employed to prevent the disease. 4. A detailed method of notification on suspected or established infectious animal disease shall be laid down by the Council of Ministers on the proposal of the Office. Article 15 Measures 15

16 1. When an infectious disease has been established and as long as there exists a hazard thereof, boundaries of the infected and endangered areas are to be set depending on the disease in question, the prescribed measures are to be ordered and the prescribed notification is to be carried out. 2. The method of defining infected and endangered areas, and detailed measures for establishing the methods of prevention and suppression of an infectious disease and the conditions for the abolition of measures imposed to control an infectious disease, and the method of notifying and informing thereon shall be laid down by the Council of Ministers on the proposal of the Office. 3. The competent health service shall be notified of the measures in relation to the restriction of movements of persons and their disinfection. III VETERINARY PREVENTIVE MEASURES A) Preventive measures in trade Article 16 Animal identification and veterinary certificate 1. All animals within the territory of Bosnia and Herzegovina starting from the bovines (including buffalos and bison) have to be identified and their movement may be registered in accordance with the system described in the paragraph 3; which includes: holding registration, identification ear tagging of animals and codification at the state level and the passport for animals. 2. The activity from paragraph 1 is under the competence of the Office, and carried out by Entity Veterinary Service and Brčko District. Modalities of the technical implementation and functioning of the system are assigned, to the Operating Agency and put under the direct responsibility of the Office. An information system will be installed in the Operating Agency in order to record any movement of an animal (AIMCS). 3. The Council of Ministers on the proposal of the Office lays down detailed conditions for animal identification, the form and the substance of the animal passport, movement control, system implementation at any level within the territory of Bosnia and Herzegovina through the state regulations. Entity Veterinary Services and Brčko District shall provide its correct and permanent functioning. Regional data entry offices may be established by the Entity Veterinary Services and shall carry out their activities in accordance with the conditions prescribed by the Council of Ministers on the proposal of the Office and under the coordination and control by the Operating Agency. 4. The Council of Ministers on the proposal of the Office prescribes the transitory norms related to animal identification and movement control within the whole territory of Bosnia and Herzegovina. 16

17 5. After the full implementation of the system for bovines and other species, the use of any other identification modality for animal movement without an earlier approval by the Office is forbidden. 6. An animal in trade shall be monitored through a prescribed veterinary certificate. 7. On the basis of the animal certificate under the paragraph 6, the health condition of the animal is confirmed, certifying that in the place of origin of the animal no infectious disease that is transmissible by the animal species in question has been established or other prescribed requirements are certified. 8. The veterinary certificate can be issued only after establishing that the animal is healthy, that it does not arrive from an infected area, there does not exist a movement suspension or restriction laid down for the purpose of general health care protection of people and animals, and that the animal was correctly identified. The animal veterinary certificate shall contain the identification number (code) of the ear tag. 9. The veterinary certificate can be issued for a certain period of time, and shall be signed by the veterinarian who has issued it, and shall meet the Regulations on veterinary certificates under the Directive 96/93/ Council of Europe. 10. More detailed conditions for the issuing, contents and form of the animal health certificate shall be laid down by the Ministry on the proposal of the Office. Article 17 Veterinary certificate or attestation for products of animal origin 1. Products of animal origin in trade shall be identified as prescribed and accompanied by a prescribed veterinary certificate or attestation. 2. On the basis of a certificate or attestation under the paragraph 1, the health state of products is confirmed, certifying that in the place of origin thereof no infectious disease has been established that is transmissible by the products in question and other prescribed requirements are verified. 3. The veterinary certificate or attestation is issued for a certain period of time. 4. Detailed conditions for the identification of products, the conditions for the issuing, contents and form of veterinary certificate or attestation shall be laid down by the Ministry on the proposal of the Office. Article 18 Veterinary referral form 1. Diseased and injured animals and animals, whose essential vital functions have been endangered, may be conveyed to the slaughterhouse only under the prescribed conditions. 2. In cases under paragraph 1, animals are accompanied by a veterinary referral form, instead of the animal health certificate, certifying the condition suspected and detailing any treatment given. 17

18 3. A final veterinary examination of the animals under paragraph 1 is carried out at the slaughterhouse by a veterinarian. 4. The slaughter of animals under paragraph 1 of this Article shall be provided for at the nearest slaughterhouse, when the prescribed conditions have been met, but never during the regular slaughtering activities. All the prescribed veterinary measures shall be carried out prior to the transportation of animals to the slaughterhouse. 5. A holder of animals shall also procure the prescribed veterinary referral form for animals that are to be dispatched to a slaughterhouse from stables with unverified or suspected epizootiological conditions. 6. A detailed substance of a veterinary referral form, identification of persons permitted to its issuing and other measures necessary to be undertaken in case of issuing of a referral form, are to be laid down by the Office, Article 19 Veterinary marking of the health suitability of foodstuffs 1. Foodstuffs in trade shall be health marked or certified as prescribed. 2.More detailed conditions for the health marking and certification of foodstuffs shall be laid down by the Ministry on the proposal of the Office. Article 20 Veterinary control over trade in animals, foodstuffs, raw materials, products and waste 1. Trade in animals, foodstuffs, products and raw materials is permissible only when the veterinary inspection has been carried out in the place of origin, when their identification and traceability has been ensured and when other prescribed conditions have been complied with. 2. In the transportation by railway-, water-, air- and road transport, the loading, re-loading and unloading of animals, foodstuffs, products, raw materials and waste is only permissible in those places that meet the prescribed conditions. 3. Compartments in the means of transport containers and/or the means of transport under paragraph 2, intended for the transportation of animals, foodstuffs, products, raw materials and waste, shall be cleaned or disinfected as prescribed. 4. A physical separation of live animals, products of animal origin/food/material and waste should be provided in a way that prevents any contact between them and products of the same type but different hygienic state. 5. Detailed conditions in relation to the requirements under this Article are laid down by the Office. 18

19 Article 21 Prohibition of trade 1. On outbreak of the infectious animal disease from paragraph 2 of Article 6, the Council of Ministers, on the proposal of the Office, shall issue a special document in order to restrict or prohibit the trade in animals, foodstuffs, raw materials, products, waste, animal feed, medications and medical appliances. 2. Exceptionally, prior to issuing the act under the paragraph 1, the Office may issue the appropriate compulsory instructions under Article 82, which enter into effect immediately, in case of urgent measures in the public interest, and to avert an immediate danger for public health or animal health. Article 22 Approval of assembly and sale The competent administrative authority of canton or municipality shall issue a licence for an exhibition, zoo, animal appraisal and competitions, for different events involving migratory animals (circuses, migratory zoos, etc.) and for the organised sale of animals and raw materials, products and foodstuffs outside business premises, on the basis of a preliminary approval by the Office, Entity Veterinary Service or Brčko District, which depends on their administrative and territorial affiliation, and on the basis of instructions prescribed by the Office. Article 23 Tasks in transport and in accidents during transport 1. Holders of animals and hauliers of animals, foodstuffs, raw materials, products and waste shall comply with the prescribed conditions for transport and, on request of the person authorised for the carrying out of inspection under this Law or other regulations, allow the inspection to be carried out. 2. An accident that happens during the transport of animals, foodstuffs, raw materials, products and waste, shall be reported by the haulier or the police to the information service centre that immediately informs thereof the nearest veterinary organisation that, in turn, must call in the nearest available official veterinarian. 19

20 3. The official veterinarian orders the veterinary organisation that is authorised to carry out the public veterinary service to offer veterinary first aid to the injured animals. 4. The haulier, i.e. his proxy, is obliged to provide for whatever is necessary to carry out the measures required for the protection of animals, foodstuffs, products, raw materials and waste. 5. Injured livestock that is unfit for further transport must be killed on the spot. 6. The veterinary hygiene service and organisations that have concession to carry out waste disposal shall provide for the transport and complete destruction of dead or killed animals, damaged foodstuffs, raw materials, products and waste. 7. The haulier shall provide an adequate vehicle for conveyance of animals that are fit for further transport, and for undamaged raw materials, products and foodstuffs from the place of accident. Article 24 International transport 1. The transport of animals, food, raw material, products, veterinary medicines and medical appliances, animal feed and waste materials and semen for artificial insemination, ova and embryos in international transport shall only be carried out through border crossings where official veterinary inspection and control is organised. 2. Animals, foodstuffs, raw material, products, veterinary medicines and medical appliances, animal feed and waste materials must be inspected and checked by veterinary inspection and control at the borders, and if necessary tested or sampled. 3. Loading, relocation, reloading and storage of animals, foodstuffs, raw material, products, veterinary medicines and medical appliances, animal feed and waste materials shall be controlled by the veterinarians according to the prescribed conditions. 4. Import and transit of animals, foodstuffs, raw material, products, medicines and medical appliances, animal feed and waste materials shall be allowed, after the veterinary control check is done at the border and the decision shall be issued for each individual case, containing the provision that non veterinary problems which might impede its import and transit have been established. Irrespective of the previous paragraph, import and transit of pets is allowed without the previous veterinary check, on the condition that the animal has been provided with the legal veterinary certificate. 5. The import and transit of other materials that might cause an infectious disease (as hunting and fishing trophies, sera, micro organisms) shall be allowed, after the veterinary control check on border is done and the decision shall be issued for each individual case, containing the provision that nonveterinary problems that might impede its import and transit have been established. 6 In order to import the foreign animals that live in freedom, according to the regulations, the importer shall provide the approval from the competent Ministry.. 20